Iowa Admin. Code r. 201-12.19 - Review of proposed decision-procedures and requirements
(1) A party dissatisfied with a proposed
decision may request the director to review or modify the decision. The
department may request review if it is dissatisfied with the proposed decision.
The request for review is begun by serving on the director, either in person or
by certified mail, a notice of the request for review within ten days after the
service of the proposed decision or order on the appealing party.
(2) Within ten days after serving notice of
appeal, the requesting party shall serve copies of the exceptions, if any,
together with any brief and arguments on the department and all other parties,
if any. Other parties shall have ten days after service of exceptions and
briefs on the director to file a responsive brief and argument. Except for the
request for review, the above time requirements will be extended by stipulation
of the parties and may be extended upon application approved by the
director
(3) Oral argument of the
request for review is discretionary but may be required by the director upon
the director's own motion. At the times designated for filing briefs and
arguments, either party may request oral argument. If a request for oral
argument is granted or required, the director shall notify all parties of the
date, time and place for an oral presentation, if any.
(4) The record on appeal shall be the entire
record made before the administrative law judge. The director is not bound by
any proposed findings of fact, conclusions of law or order but is free to
accept, affirm, modify or reject such proposed findings, conclusions or order
The director may consider other evidence or information, with notice to all
parties, which was not originally presented at the hearing. The director may
give such new evidence or information whatever value or weight the director
desires.
Notes
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